Assertion of a claim for distribution of household items with separated partners

If you are married or in a registered civil partnership but live separately, you can request a distribution of household items for the period of separated life.

If you are unable to agree with your separated partner on the distribution of household items, you can assert a claim for distribution of household items in court.

  • If applicable, proof of ownership of the household items
  • if applicable, inventory list of household items with the respective ownership and, if applicable, the idea of distribution in the event of a later divorce, countersigned by your marriage or life partner or your spouse or life partner
  • if applicable, evidence of the circumstances relevant for weighing up equity, e.B. medical certificates

None

Preconditions

As a spouse or partner, you are entitled to the distribution of household items if:

  • you cannot agree on the distribution of the items,
  • you are a separated marriage or life partner,
  • the objects of dispute are household items,
  • the object belongs to you personally,
  • You do not have to leave the item to your partner for use, as they need the item to manage a separate household.
  • Items belonging jointly to the partners shall be distributed between them in accordance with the principles of equity

Related Links

  • § 1361a Civil Code (BGB)
  • § 111 No. 5 Of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • §§ 200 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Family Disputes
  • § 269 sec. 1 no. 6 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Civil Partnership Matters
  • § 270 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Civil Partnership Matters

An application for the distribution of household items in the event of separate life must be submitted to the local court family court which is competent in accordance with §§ 201 f. FamFG.

  • In order to facilitate its decision pursuant to § 206 I FamFG, the court may impose an obligation to provide information on each of the spouses.
  • The court should discuss the matter with the spouses in an appointment. It is intended to order the personal appearance of the spouses.
  • The court decides on the distribution of household items by order. It may determine an appropriate remuneration for the use of household items.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
10.11.2020